With DACA Ending what should Dreamers do now?
On September 5, 2017, the Trump Administration announced that DACA which has shielded over 800,000 young people who were brought to the US as children from deportation for the past 5 years was coming to an end.
The USCIS will no longer accept new applications for DACA or for advance parole travel permits.
However, for a brief period of time which ends on October 5, 2017, current DACA recipients whose DACA status expires prior to March 5, 2018 may apply to renew their status and EADs for another 2 years. If you fit into this category, be sure to apply for a DACA and EAD renewal immediately.
Although USCIS will not accept new applications for advance parole from DACA recipients and will return all pending applications for advance parole, if you already have an advance parole through DACA that you have not used and you last entered the US without inspection, you may want to travel abroad and return to the US with your advance parole document. This may allow you to adjust your status in the US in the future. Please see DACA Renewals – Plus DACA To Green Card!.
In addition, there are a variety of other immigration benefits that you may be eligible for. These are detailed in Screening Potential DACA Requestors for Other Forms of Relief published by the American Immigration Council.
We link to the various government memos regarding the termination of the program from End of DACA Program – Frequently Asked Questions.
Will Congress pass a bill to provide DREAMers with a path to US citizenship, or at least to protect them from deportation after March 5, 2018?
That’s anyone’s guess.
The DREAM Act was first introduced back in 2001, and has never been passed by Congress. Whether Congress will act to protect the DREAMers in 2017-18 remains to be seen.
There are currently 4 bills in Congress to help the Dreamers. There has been much speculation as to whether the Democrats and President Trump can make a deal to help the Dreamers the way they did recently on the short term hike in the debt ceiling.
Religious leaders from many faiths have condemned President Trump’s decision to phase out DACA. Representative Luis Gutierrez (D-IL) has threatened to shut down the government if the House of Representatives fails to pass the DREAM Act.
Some commentators had concluded that there is a racial basis for DACA ending and attempting to restrict immigration to the US.
I watched Steve Bannon on “60 Minutes” last night. He stated that he was all in favor of DACA ending and that the answer to the problem is for the Dreamers to “self-deport”. Outrageous!
If you are also upset about how the 800,000 young DACA recipients are being treated, this is the time for you to act. Take a few minutes and let the White House and your Members of Congress know that it is important to you that they protect the Dreamers.
With DACA ending, it is important that we Act Now For Dreamers.
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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